PESHAWAR: An election tribunal judge has recused himself from hearing five election petitions after Election Commission of Pakistan transferred one of the petitions pending before it to another tribunal.

The tribunal headed by Justice Wiqar Ahmad Khan directed to send a copy of its order to ECP for transferring all the six pending election petitions pending before it to any other tribunal.

The five petitions, which the judge recused to hear, were filed by former provincial ministers Taimoor Saleem Jhagra of PTI and Amjid Afridi of Pakistan Peoples Party Parliamentarian, ex-federal minister Abbas Afridi of Pakistan Muslim League-N, ex-MNA of PTI Hamidul Haq and another PTI leader of Kurram district Imran Khan.

These petitioners have challenged the declaration of their rivals as returned candidates by the returning officers concerned and ECP.

Justice Wiqar takes the decision after ECP transfers a plea to another tribunal

ECP had on Nov 14 accepted plea of an MPA of Pakistan Tehreek-i-Insaf-Parliamentarian (PTIP), Arbab Mohammad Waseem, and ordered transferring from the present tribunal an election petition filed by a rival independent candidate backed by PTI, Ali Zaman.

The applicant, Arbab Waseem, who was declared elected on PK-73 Peshawar, had contended that the presiding judge of the tribunal (Justice Wiqar Ahmad) had remained a member of Insaf Lawyers Forum and had also served as additional advocate general in the then advocate general office under a previous provincial government of the PTI.

The applicant had apprehended that this tribunal would not be able to do justice with the competing parties.

The said grounds prevailed before ECP, which passed transfer order of the said petition.

“It hardly needs a reiteration that pre-elevation political and other affiliations can never influence post elevation decisions of a judge of a superior court. The day a judge takes oath of his office as a Judge of a High Court of this country, he has to sever all those affiliation which carries even a remote potential of adversely affecting the performance of his duties, whether the associations are professional, political, social or other associations,” Justice Wiqar observes in a four-page order wherein he recuses from hearing the five petition.

“All my past decisions, with grace of Almighty Allah, bears testimony to this fact that I has always been deciding cases without any fear, favour, affection or ill-will. I have always felt myself bound by the terms of my oath particularly where I have undertaken that I would do right to all manner of people in all circumstances, according to law, without fear or favour, affection or ill-will,” the judge observed.

The judge ruled that as objection had been raised towards impartiality of this tribunal by the respondent (Arbab Waseem) before the ECP in the said case and the said objection had also prevailed before the commission, while ordering transfer of the case form this tribunal, therefore, he felt that he should recuse himself from hearing all these election cases pending in this tribunal.

It is pertinent to mention that during pendency of the application of Arbab Waseem before ECP, the petitioner Ali Zaman had also moved Peshawar High Court stating that the said application amounted to scandalising a judge of the high court which amounted to contempt of the court within the meaning of Article 204 of the Constitution.

He had stated that the said application was only aimed at delaying the disposal of the election petition by the tribunal.

However, a bench of the high court on Nov 12 turned down his plea and had declared that the ECP had the jurisdiction to hear the said application under section 151 of the Elections Act, 2017.

While under section 148 of the Elections Act, an election petition shall be decided within 180 days of its filing, the petitions in Khyber Pakhtunkhwa could not be decided in the prescribed period.

The ECP had on Feb 17, 2024, notified six judges of PHC to function as election tribunals including two at the principal seat in Peshawar and one each for Mingora, Abbottabad, Bannu and Dera Ismail Khan benches of the high court.

The PTI leaders including Taimoor Jhagra and others have filed petitions mostly through advocates Shumail Hmad Butt, Ali Gohar Durrani and Ali Azim Afridi.

They mostly claimed that according to the respective Form-45 they had won the polls in their respective constituencies, but the concerned returning officers manipulated the results and declared their rivals as returned candidates in the respective Form-47.

The petitioners of other political parties have alleged rigging in their respective constituencies.

Published in Dawn, December 15th, 2024